Practice question · Multiple choice
A norm of ius cogens is distinguished from an ordinary treaty obligation by its peremptory character. What legal consequence follows when states sign an agreement that breaches such a norm?
Hints
- Does sovereign consent suffice to maintain an agreement that breaches a fundamental hierarchy?
- How does the Vienna Convention treat treaties that attempt to contract out of peremptory norms?
Show the answer
A. The entire conflicting agreement becomes void
Why
Peremptory norms override state consent entirely, rendering conflicting agreements void ab initio rather than merely voidable or modified, illustrating how non-derogable standards limit decentralised law-making.
Practise The International Legal Order
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